SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 19th, 2003 • Miller Industries Inc /Tn/ • Truck & bus bodies • Georgia
THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”) is made and entered into as of the 31st day of October 2003, among MILLER INDUSTRIES, INC., a Tennessee corporation (“Parent”), each of the other Subsidiaries of Parent listed on the signature pages hereof (together with Parent, collectively, “Borrowers”), the Lenders whose signatures appear on the signature pages hereof (the “Lenders”), THE CIT GROUP/BUSINESS CREDIT, INC., as Collateral Agent, and BANK OF AMERICA, N.A., as Administrative Agent, Syndication Agent, Existing Title Collateral gent and Letter of Credit Issuer (in such capacities, together with the Collateral Agent, the “Agents”).
FORBEARANCE AGREEMENTForbearance Agreement • November 19th, 2003 • Miller Industries Inc /Tn/ • Truck & bus bodies • Georgia
THIS FORBEARANCE AGREEMENT (this “Forbearance Agreement”) is made and entered into as of the 31st day of October, 2003, by and among MILLER INDUSTRIES, INC., a Tennessee corporation (the “Company”, or “Parent”), and each of the other Subsidiaries of Parent listed on the signature page hereto (together with Parent, collectively, “Borrowers”), the Lenders whose signatures appear on the signature pages hereof (the “Lenders”), THE CIT GROUP/BUSINESS CREDIT, INC., as Collateral Agent, and BANK OF AMERICA, N.A., as Administrative Agent, Syndication Agent, Existing Titled Collateral Agent and Letter of Credit Issuer (in such capacity, together with the Collateral Agent, the “Agents”).
The CIT Group/Business Credit, Inc. 900 Ashwood Parkway Suite 610 Atlanta, GA 30338 October 31, 2003Miller Industries Inc /Tn/ • November 19th, 2003 • Truck & bus bodies • Georgia
The undersigned refer to (a) that certain Credit Agreement, dated as of July 23, 2001, by and among Miller Industries, Inc. (“Parent”) and certain of its subsidiaries, the financial institutions party thereto from time to time as lenders (the “Lenders”), and the Agents (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), providing for a credit facility consisting of Revolving Loans, Letters of Credit and Term Loans in the original aggregate principal amount of up to $110,000,000 (as such terms are defined in the Credit Agreement, collectively, the “Existing Credit Facilities”); (b) that certain Forbearance Agreement, dated as of October 31, 2003, among the Borrowers, Lenders and Agents (the “Forbearance Agreement”), and (c) that certain Seventh Amendment to Credit Agreement, also dated as of October 31, 2003, among the Borrowers, Lenders and Agents (the “Seventh Amendment”) further amending the Credit Agreement to, among other matters, provide for
